"It
is a landmark

case
not only for

Oregon
but for

the
whole country

in
terms of the

legal
issues

created
by

representing
a

non-patient

plaintiff
against

a
psychologist."

Suing
the Devil: A Case of Abused Trust

Attorney
Michael Dwyer represented a patient victimized by a therapist

By
Jeanine DeNoma

On
September 25, Willamette Week published a most astounding and distressing
story, which stimulated a discussion among local skeptics and led to the
topic for our coming fall meeting and the general theme for this issue
of the newsletter. The story began when Jennifer Fultz, a Portland homemaker
and mother of two young boys, sought counseling for difficulties coping
with her responsibilities. The outcome was five torturous years for the
Fultz family and, finally, lawsuits against the two therapists who treated
Fultz.

Willamette Week examined how, during the course of therapy, "Jennifer
Fultz went from being a stressed-out homemaker ... to someone who believed
her parents once forced her to eat human flesh."

In 1991, Fultz, on the suggestion of her massage therapist, sought treatment
from clinical psychologist Sophia Carr, an independent practitioner at
Clackamas Family Counseling Services. Carr diagnosed Fultz as having Multiple
Personality Disorder (MPD). Carr then went on to convince Fultz her MPD
was caused by a past trauma. Eventually Carr concluded, and succeeded in
convincing Fultz, that she was a victim of Satanic Ritual Abuse and that
her children were likewise victims of abuse.

Fultz says that during the three years she was in therapy, Carr treated
her with "hypnosis, exorcisms, speaking in tongues, and dream interpretation,"
Willamette Week reported. "The worst thing was when she would call
out the demons, which obviously suggests that I had them. I never said
there were demons inside me. She told me what I was seeing. I would never
have thought of that," said Fultz. "I'm a Christian, so I believed in Satan,
but I had never heard of this before."

Carr received her Ph.D. From Western Conservative Baptist Seminary in Portland
and has been a licensed Oregon clinical psychologist since 1989. Professional
colleagues reported in court depositions that Carr was noted for her interest
in satanic cults. In 1990 she claimed on KATU's Town Hall that she
had been abducted by a satanic cult as a teenager.

During Fultz's treatment, a colleague of Carr's, Chyril Walker, examined
Fultz's two boys and convinced Fultz the children were being sexually abused
by their father. Fultz moved the boys to a battered women's shelter. In
child custody hearings, however, the court found no evidence the boys had
been abused. While listening to testimony at the custody hearings, said
Fultz, things began to click. Now she says she cannot explain how these
ideas even seemed plausible.

Both Jennifer Fultz and her ex-husband, Kevin Fultz, sued the two therapists.
Walker settled out of court for $1.15 million. Carr has accepted a settlement
for an undisclosed amount. Neither Walker nor Carr have admitted any wrongdoing
and both are continuing to practice, although they have moved from their
Clackamas location to Tigard.

The case was one of only a few where non-patients have been allowed to
sue therapists. "It is a landmark case not only for Oregon but for the
whole country in terms of the legal issues created by representing a non-patient
plaintiff against a psychologist," said Michael Shinn, the attorney representing
Kevin Fultz, his parents, and the two boys.

Michael Dwyer, the attorney who represented Jennifer Fultz, is the scheduled
speaker for OR's November 11 meeting. Psychologist Dr. Loren Pankratz will
also be on the discussion panel.

Loren Pankratz is a founding member of the False Memory Syndrome Foundation
and serves on its Scientific and Professional Advisory Board. He is a consultant
psychologist at the Portland Veterans Administration Medical Center, a
professor in the departments of psychiatry and medical psychology at the
Oregon Health Sciences University, and a CSICOP Fellow.

Michael Dwyer is a Portland trial lawyer specializing in personal injury
lawsuits, divorce, and family law. He has been extensively involved in
cases concerning psychological issues such as sexual abuse, spousal abuse,
and recovered memories. Since graduating from Loyola Law School in 1977,
Dwyer has prosecuted federal crimes as an Assistant United States Attorney
in Los Angeles and worked as a defense attorney in Honolulu. He is currently
a member of the Procedures and Practices Committee of the Oregon State
Bar. He has served as chair of the Multnomah Bar Association's Legal Services
for the Poor Committee. He is a member of the Oregon Trial Lawyers Association
and the American Trial Lawyers Association. Dwyer is licensed to practice
law in Oregon, California, and Hawaii.